In Windsor Charter Twp v Remsing, an unpublished decision of the Court of Appeals, Docket No. 249688 (2004), the Township sought to enforce a zoning ordinance against Defendant, Remsing, prohibiting him from employing sales agents to work from his home-based real estate company.  Remsing argued that the sales associates were independent contractors, not employees.  The Township argued that the sales associates were employees as defined by the Occupational Code.  The firm filed an amicus brief on behalf of the Michigan Association of REALTORS® on the limited issue of whether real estate salespersons are independent contractors pursuant to the provisions of the Occupational Code.  The Court of Appeals decision resolved the case favorably for the position of the Michigan Association of REALTORS®, clarifying the meaning of “employee” and “independent contractor” in the different contexts of the ordinance and statutes that employ those terms.

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